WEBSITE TERMS & CONDITIONS
ABOUT OUR TERMS AND CONDITIONS
This page provides information about who we are and the legal terms and conditions that may apply to your use of marksandspencer.ie (the “Website”) whether as a registered user or as a guest and any product or service you order from us.
To help you find the information you are looking for, we have divided these Terms and Conditions into 5 sections. These are:
View information about M&S    A. Information about Marks & Spencer:
You can find out how to get in touch with us or view our registered company details here   
View our Website Terms    B. Website Terms of Use:
You can view the legal terms and conditions that apply when you access, browse and use marksandspencer.ie here   
View our General Terms and Conditions of Sale    C. General Terms and Conditions of Sale:
You can view the legal terms and conditions that apply to any product or service that you order from marksandspencer.ie here   
View our Legal Terms    D. Legal Terms:
You can view the legal terms and conditions that apply to these Terms and Conditions here   
View our Privacy and Cookie Policy    E. Privacy and Cookie Policy:
You can learn what personal information marksandspencer.ie collects and uses about you when you access, browse and use this Website (including registering with this Website) and see what rights you have to control our use of your personal information here   
Please read these Terms and Conditions and the Privacy and Cookie Policy carefully before you start to use the Website.
WEBSITE HELP
In addition to these Terms and Conditions, you may also find it helpful to visit the Help section of our Website. Here you will find useful information on our delivery charges, delivery timescales, and returns policy, as well as helpful information relevant to other questions you may have.
PART A: INFORMATION ABOUT MARKS & SPENCER
This Website is owned and powered by Marks and Spencer (Ireland) Limited a company registered in Ireland (company registration number 16855) whose registered office is at 24-29 Mary Street, Dublin 1, Ireland. Unless we say otherwise, we use the terms "M&S ", "Marks & Spencer", "we" and "us" on this Website to refer to Marks and Spencer (Ireland) Limited throughout the website terms and conditions, which include the Website Terms, our General Terms and Conditions of Sale, our Legal Terms of Use and our Privacy and Cookie Policy (“Terms and Conditions”).
If you want to ask us anything (whether about our products and services, this Website, any of our Terms and Conditions or otherwise), or if you want to file a claim regarding an order or delivery, then please contact us.
PART B: WEBSITE TERMS
The Terms and Conditions apply to your use of the M&S website at www.marksandspencer.ie (the “Website”) and to any products you purchase from M&S. The Terms and Conditions apply regardless of how you access the Website, including any technologies or devices by which M&S makes the Website available to you at home, on the move or in store. You must read these Terms and Conditions carefully, and we recommend that you download or print and keep a copy for your future reference. By accessing, browsing, using, registering with, or placing an order on the Website, you confirm that you have read, understood and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, please do not use this Website.
All legal notices on this Website which relate to your use of the Website together with all applicable terms and conditions and our Privacy Policy govern your use of this Website.
YOUR USE OF THIS WEBSITE
You may only use this Website for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website.
You may not, without our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into, or distribute in any way the web pages or materials on the website or the computer codes or elements comprising the Website other than solely for your own personal or internal business use. You may not use the content of the Website for any commercial purposes whatsoever.
OWNERSHIP OF RIGHTS
All rights, including copyright, know how, moral rights and other intellectual property rights over all material and content including (but not limited to) text, images, web pages, sound, software, software code, interfaces, website structure and videos, in and to this Website are owned by or licensed to M&S unless otherwise indicated.
Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights, our other exclusive rights or those rights of third parties in either the Website or its contents.
By submitting information (other than your personal data), text, photos, graphics or other content to the Website you confirm that you have the right to use the same and grant us a right to use such materials at our own discretion (with or without accreditation) in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the Website.
You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website.
SUBMISSIONS
Please read and understand the below before providing a gift message, posting a product review or any other user generated content on our Website or social media sites.
Ownership of Submissions
Other than personal data (which is subject to our Privacy and Cookie Policy) you hereby grant M&S a non-exclusive licence to use in whatever form (copy and publish) the rights to all comments, gift messages, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to M&S on or through the Website or otherwise disclosed, submitted or offered by you (collectively, “Submissions”) once submitted. You must comply with the content standards set out in these Website Terms of Use. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines.
Gift messaging services
If you use the gift message service, you acknowledge and agree that the gift message service is provided for your own personal and non-commercial use only. You are entirely responsible for the text and other content of your gift message and M&S accepts no liability for any such content and you will follow the rules for Submissions. We have the right to refuse to send messages and to terminate access to the gift message service at any time and without liability to you.
Social networking sites
These Website Terms govern any Submissions you make on any M&S related third party website or page such as our Facebook page, Twitter, Pinterest, YouTube or social networking site. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of M&S or its employees and M&S is not responsible for any such content. In any event, all material posted on any third party social networking sites must comply with these Website Terms and the third party social networking sites’ Terms of Use, as applicable.
Intellectual Property Rights
A disclosure, Submission or offer of any Submissions and your agreement to these Website Terms shall constitute a perpetual, irrevocable and non-exclusive licence to M&S of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to the Website, including questions, or to make contact with other users of the Website or to make Submissions on any M&S related third party website or page, you must comply with the content standards set out below and these Website Terms. Any third-party advertising on M&S pages of third party social networking sites are not the responsibility of, or endorsed by M&S. All rights, including copyright on M&S Website pages are owned by or licensed to M&S. Any use of any M&S social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited without the permission of M&S. By making a Submission you confirm that the Submission is your own and that the content does not infringe the material, trade marks, intellectual property rights or any other rights of others.
Confidentiality
Any material you upload to our Website in a Submission will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website or any M&S related third party social networking site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website. We have the right to remove any Submissions you make on our Website if, in our opinion, such Submission does not comply with the content standards set out below.
Rules for Submissions
You must be 18 years of age or older and registered to post a Submission. Suppliers or manufacturers are not eligible to post a Submission. Please be polite and only write in English. If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response.
Submissions should not include:
  • profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others
  • comments about other reviewers or bloggers
  • remarks that repeat criminal accusations, false, defamatory or misleading statements
  • material which impersonates others or personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers
  • spam or advertising
  • third party brand names or trade marks
  • HTML code, computer script or website URLs
  • availability, price or alternative ordering or delivery information
  • information about M&S suppliers or manufacturers
M&S, in its absolute discretion, reserves the right to not publish the Submission or remove it, take any appropriate action if deemed necessary or remove reviews which relate to seasonal products which are no longer in season.
Please let us know if you see any Submissions which do not comply with our rules.
Accuracy of content
To the extent permitted by applicable law, M&S disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party.
The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of M&S or any of its group companies.
Damage to your computer or other device
M&S uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, M&S shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.
Links to other websites
We have placed links on this Website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. Except where required by applicable law, M&S cannot accept any liability in respect of the use of these websites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of third party websites or for the content of any third party websites.
PART C: GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale ("General Terms and Conditions of Sale") apply to any order you place through www.marksandspencer.ie and any products you purchase from M&S in-store.
In-store purchases
Our Goodwill Refund Policy
Our “goodwill” refund policy does not affect your statutory rights under the CRD or other applicable legislation.
Our “goodwill” refund or exchange policy (where there is no legal right to a refund or exchange under the CRD or otherwise) is offered on clothing and homeware when goods are returned in a resalable condition with a valid receipt within 35 days of purchase, excluding sale items. For a refund under our goodwill policy, items must be unused, returned in the original packaging and in a re-saleable condition.
Sale policy
Our refund or exchange policy for sale items purchased in store will be made clear to you at the time of purchase.
Exclusions from the goodwill policy
The following items are excluded from our "goodwill" returns policy:
Gift cards, beauty*, food, food gifts, Food to Order, Lunch to You, earrings, wine, hampers, duvets*, pillows*, bra accessories, made to measure orders, flowers, plants, fruit baskets, lingerie (not including bras), swimwear*, toiletries*, non-M&S branded toys and gifts*, non-M&S branded luggage and personalised items and any products with a seal where the seal is broken. These products can only be returned in accordance with your legal rights (for example, if they are not fit for purpose or not as described).
Some of these items may have their own terms and conditions which will be provided to you at the time of purchase.
*Please note that these products and electronic items can only be returned under our goodwill policy if they are unopened and have the security seal intact.
Website purchases
In respect of orders placed through the Website, these General Terms and Conditions of Sale apply regardless of how you access the Website, including via any technologies or devices by which M&S makes the Website available to you at home, on the move or in store. You must read these General Terms and Conditions of Sale carefully. By placing an order through the Website, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety and you agree to be bound by them. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the Website.
Please find below information regarding:
Opening an Account and Placing an Order
To place an order, you can open an account with us (“Your Account”) which will require you to provide some compulsory personal information. Alternatively, you can choose to place your order via the guest checkout.
Please see our Privacy and Cookie Policy for more information on what personal information and how that personal information will be used and stored.
You confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. You can update or correct your details at any time by going to Your Account.
When you create an account we may provide you with and/or ask you to use passwords or other means to allow you to access certain areas of the Website and/or to maintain your account security. It is your responsibility to maintain the confidentiality of your password and account information. M&S shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. Should you become aware of or suspect any unauthorised use of your password or account, please contact us. If M&S is suspicious of any fraudulent activity coming from your account, it can reserve the right to refuse you access to your account and can delete the account.
When you order through the Website via our guest checkout you will still need to provide us with certain compulsory personal information in order for us to process your order. However, you can choose to register an account with us after submitting your order. Please see our Privacy Policy to see how your personal information will be used and stored.
Acceptance of your order
Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products or services from us. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Our acceptance of your order will take place only when we despatch the product(s) or on commencement of the services that you ordered from us. Prior to despatch of the product(s), M&S has the right to decline an order for any reason, including legal and regulatory reasons.
The duration of our contract with you will start from when you receive the order despatch email and last until the last day of your right to cancel.
If we cannot supply you with the product or service you ordered, we will not process your order and inform you of this in writing (via email) and, if you have already paid for the product or service, we will refund you in full as soon as reasonably possible.
If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, M&S has the right to stop or cease to fulfil the order at any time, including after despatch of products and/or notification to you that the order has been received and is being processed. You acknowledge that M&S shall not incur any liability in such circumstances.
All product prices are displayed in Euros and are inclusive of the current rate of applicable VAT due in the country of delivery, unless expressly indicated otherwise, and do not include the additional cost of any delivery.
You may pay by debit card, credit card or another alternative payment method specified as part of the checkout process. M&S may change the payment methods at any time but this will not affect any existing order. The availability of a certain payment method may depend on your geographical location.
During the checkout process, you will be asked to enter your payment details. If you place an order on our Website, then you acknowledge and agree that: (i) we will charge you through the payment method you have selected for your order and such other amounts that may accrue in connection with the order; (ii) that you will provide valid and current information for (a) yourself and (b) if applicable, another person, but only if you have first obtained their express consent to do so; (iii) that we may use tools, software or services of payment processors to process transactions on your behalf; and (iv) if your payment is not received by us for any reason from your card issuer, you agree to promptly pay all amounts due upon request and using the method that we reasonably prescribe.
Please note that we may collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy and Cookie Policy
All card payments are subject to authorisation by your card issuer. M&S will take payment at the same time as you place your order or shortly before shipment of your order (depending on the payment method chosen),
All products ordered will remain the property of M&S until we have delivered the products to the address specified by you or they have been collected in store. If your payment is not received and you have already received the products you ordered from us, you must pay for or return those products to us in accordance with our reasonable return instructions and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect or arrange for collection of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order.
Gift Cards
Please note that you can only purchase gift cards or gift vouchers in an M&S store in the Republic of Ireland and via this Website. Unless stated otherwise, gift cards and gift vouchers bought in an M&S store cannot be used for online purchases on this Website, and are territory specific, meaning that generally they can only be used in M&S stores in the Republic of Ireland and are not redeemable in other UK or international stores. Please see your gift card or gift voucher terms and conditions for details.
Delivery and Collection
Collection from store
If you are shopping on the Website, you can choose for your online order to be delivered free of charge to select Marks & Spencer stores in the Republic of Ireland. Click here to see which stores you can collect your order from.
You can collect your order from store 2 to 3 days after placing your order. Please click here for more details. You will not be notified by email when your order is ready to collect. Orders will be kept in store for 7 days after your planned collection date. If an order is uncollected after 7 days, the order will be returned and you will be refunded.
Delivery (including delivery charges and timescales)
Charges
Delivery charges and timescales vary depending on the type of products ordered, the service you select and the delivery address. You’ll find full details of our delivery charges here.
In certain circumstances, M&S will pay for delivery of your order. This offer will only be available at certain terms and only as specified by from time to time by M&S. You will be notified when such offer is operating on the homepage of the Website or when you are placing your order. Further details of the terms and conditions governing the free delivery offer will be provided on the Website offers page, which will be updated regularly.
Orders will be sent to the delivery address that you have provided in your online order form. M&S cannot be held responsible if that delivery address is incorrect or incomplete. If delivery cannot be made to a customer due to the customer not being present at the address at the time allotted by the carrier or if a customer refuses to accept the products, M&S reserves the right to deduct the cost for returning products to the M&S returns centre from the customer's refund for the order.
You may have the option to select delivery to a variety of addresses and to an address that is different from your billing address. Please note that M&S does not deliver to addresses outside of the Republic of Ireland or PO boxes.
All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.
Delays
Where the supply of your product(s) or service(s) is delayed or prevented for reasons beyond our control (for example, material shortages, import delays or higher than anticipated demand) we will make every effort to keep you informed but shall be under no liability to you for such delay or failure. For the avoidance of doubt, this paragraph does not exclude or effect in any way any statutory right that is afforded to you to cancel an order when a product is delayed or not provided.
Your right to cancel
If you are contracting with us as a consumer online or phone, you have the right to cancel (under the Consumer Rights Directive 2011/83 as implemented in the applicable EU member state ("CRD")), all or part of your contract at any time up to 14 calendar days after the day on which you receive the goods you ordered. Any paid delivery charge will be included in your refund once we have received all (not part) of your order to the specified address below. Please note that the delivery charge refund will be to the value of standard delivery.
If you wish to cancel (or are considering cancelling) a product you have ordered from us, please be aware that statutory rights of cancellation under the CRD do not apply to certain products and services (for example, made to measure orders, flowers, plants, fruit baskets, lingerie (for hygiene reasons), food, gifts and personalised items) or any products with a hygiene seal where the seal is broken. In addition, this right to cancel does not apply to goods or services purchased in store.
Exercising the right to cancel
To exercise your right of cancellation, you must inform us of your decision to cancel the contract in writing, which you can do by filling in the parcel summary when you return your order. You may also use the model cancellation form, but this is not obligatory.
You must take reasonable care of the goods while in your possession. You shall send back any goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back any goods before the period of 14 days has expired. You will have to bear the direct cost of returning any goods to us. Products should be returned in or with their original packaging. You are only liable for any diminished value of the goods resulting from the unnecessary handling of the goods in excess of what is necessary to establish the nature, characteristics and functioning of the goods. You must return the goods to the following Specified Returns Address:
Marks and Spencer Returns
Aramex
Bellinstown
Ballyboughal
Co Dublin
Once we receive your parcel, we will return it to our delivery warehouse in the UK. We will process your refund within 14 days of receipt of the products to the UK warehouse.
Where we deliver products to a third party in accordance with your order, you will only be able to exercise this cancellation right if you can return the goods to us (or arrange for us to collect them).
For further details about how to exercise any of your cancellation rights, please see the Returns and Refunds section of the Help pages to this Website. Nothing in these General Terms and Conditions of Sale will affect your statutory rights.
Our Goodwill Refund Policy
Our “goodwill” refund policy does not affect your statutory rights under the CRD or other applicable legislation.
Our “goodwill” refund or exchange policy (where there is no legal right to a refund or exchange under the CRD or otherwise) is offered on clothing and homeware when goods are returned in a resalable condition with a valid parcel summary document within 35 days of receipt, excluding sale items. For a refund under our goodwill policy, items must be unused, returned in the original packaging and in a re-saleable condition.
If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.
Sale policy
For sale items purchased via our Website, we will be happy to either refund or exchange an item if you change your mind within 14 days of receipt.
Exclusions from the goodwill policy
Gift cards, beauty*, food, food gifts, Food to Order, Lunch to You, earrings, wine, hampers, duvets*, pillows*, bra accessories, made to measure orders, flowers, plants, fruit baskets, lingerie (not including bras), swimwear*, toiletries*, non-M&S branded toys and gifts*, non-M&S branded luggage and personalised items and any products with a seal where the seal is broken. These products can only be returned in accordance with your legal rights (for example, if they are not fit for purpose or not as described).
Some of these items may have their own terms and conditions which will be provided to you at the time of purchase.
*Please note that these products and electronic items can only be returned under our goodwill policy if they are unopened and have the security seal intact.
Returns to store
You can return your online order free of charge to any Marks & Spencer store in the Republic of Ireland (except for Simply Food stores).
Please note that certain products purchased online, such as fine jewellery, wedding and bridesmaid dresses, maternity clothing, adult fancy dress costumes and any other products as notified at the time, can only be returned by post. Please return these with their hangers, protective coverings, carriers and wherever possible, in the original outer packaging.
Refunds for any items received as a gift will be given in the form of a credit voucher receipt. If you don't have a receipt or parcel summary, we'll give you the last known price of the item in a credit voucher receipt.
Returns by post
Alternatively you may return your online order by post. Items returned by post will have to be returned at your cost unless in accordance with your statutory rights. Please return the items to:
Marks and Spencer Returns
Aramex
Bellinstown
Ballyboughal
Co Dublin
The following products are excluded from postal returns: beauty, pillows, duvets, Christmas trees, mirrors, furniture, electrical items, lighting, food, wine, flowers, gift cards, hampers, made to measure shirts and personalised cards, as well as any items purchased in store.
Damaged or incorrectly supplied products
You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post, phone or email only) within a reasonable period of time. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied.
In the case of damaged or incorrectly supplied goods, we will offer you a refund. Any refunds given by us will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return or for which we arrange collection.
Product Specific Terms and Conditions
Luggage
We have extended product guarantees on all luggage that you purchase through the Website. From the date of purchase, value luggage is guaranteed for three years and all other luggage for five years, both against faulty workmanship, unless otherwise stated. Please note that leather bags are excluded from these guarantees. Should a fault occur as set out above, please contact Customer Services. Please click here for details of Customer Services.
The above guarantee will not cover damage to your luggage caused by overloading, airline damage, accidental damage, neglect or normal wear and tear. If your luggage is damaged by an airline you should inform the airline or their representative in order to make a claim against the airline.
This guarantee is in addition to your statutory rights and does not affect your other satisfactory rights, for example your right to a refund in the event the product is not of “satisfactory quality”.
Product and service descriptions
We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that:
  • orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website;
  • all prices are displayed in your local currency and local tax where applicable unless expressly indicated otherwise;
  • packaging may vary from that shown on the Website;
  • the weights, dimensions and capacities shown on the Website are approximate only;
  • whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery; and
  • all items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.
Legal Compliance
You agree that you will not use, sell or supply any product(s) purchased from M&S in an unlawful manner and, in particular, will comply with all export controls and sanctions rules.
Liability
Nothing in these General Terms and Conditions of Sale limits our liability for personal injury or death caused by our negligence, fraud or any matter that cannot be limited or excluded by law. Nothing in these General Terms and Conditions will affect your legal rights and, in particular, we will perform our obligations under these General Terms and Conditions of Sale with reasonable care and skill.
Any products we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund.
We are only responsible for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions of Sale. We will not be liable to you if we are prevented or delayed from complying with our obligations under these General Terms and Conditions of Sale by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.
You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice.
In any event we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.
Information about Online Dispute Resolution and Alternative Dispute Resolution
The European Commission offers a platform for Online Dispute Resolution, which you can access by clicking on the following link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
PART D: Legal Terms
Exclusions of liability
Except as expressly provided in these Terms and Conditions, we exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Terms and Conditions or your use of the Website.
These exclusions shall be governed by and construed in accordance with English law, subject to other mandatory laws which cannot be excluded in the country where you are resident. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Nothing in these Terms and Conditions shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these Terms and Conditions shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.
Other legal notices
There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Terms and Conditions govern your use of this Website.
Assignment and Third Party Rights
You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. However, where we have engaged a third party to perform part of the contract with you, we remain liable towards you for the full performance of the contract and also for the performance by the third party.
Only you and M&S shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or the applicable local legislation.
No relaxation or delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
Severability
If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.
Entire Agreement
These Terms and Conditions and any document expressly referred to in them set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
Law, jurisdiction and language
Any matters that arise out of your use of this Website (including any contract entered between you and us through the Website) shall be governed by the laws of the Republic of Ireland and subject to the non-exclusive jurisdiction of the courts of the Republic of Ireland. If you are a consumer resident in an E.E.A member state, you may bring a claim to enforce your consumer rights in connection with the use of this Website before the courts of England and Wales or the courts of your resident country, it being agreed and understood that in no case may this governing law prejudice the level of a consumer’s protection ensured by the laws of your country of residence. All contracts for the purchase and sale of M&S products from the Website shall be concluded in the language of these Terms and Conditions.
Changes to these Terms and Conditions
We reserve the right to change and update these Terms and Conditions from time to time and recommend that you revisit this page regularly to keep informed of the current Terms and Conditions that apply to your use of the Website. In the event of a change or an update to these Terms and Conditions we will flag it in an appropriate way on the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Terms and Conditions.
PART E: Privacy and Cookie Policy
Our Privacy and Cookie Policy explains what personal information we collect about you when you use the Website, and you can view our Privacy and Cookie Policy here. You can also read about M&S’ accessibility policy here. Please note that when you agree to these Terms and Conditions you shall be deemed also to have read and understood our Privacy and Cookie Policy in its entirety.